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stella
New Member

Can husband and wife have different primary residence?

Husband has owned the house for 10+ years.  In 2016, wife (fiancee at the time) moved in and they bought the new house and moved in together in 2017.  The husband has met use test (2 out of 5 years) to claim tax exclusion when selling the house.  Can only the wife move in for some months to meet the use test while husband continue staying at the new home?  Both properties are in the same zip code

If so, can she rent a room of the old property out while she is living there?

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1 Reply
Carl
Level 15

Can husband and wife have different primary residence?

Each tax filer must have lived in the house as their primary residence, for at least 2 years of the last five years they owned it. So once they have both lived in the house they purchased together, for 2 years, as their primary residence, they will each be eligible for the $250K capital gains exclusion. If they both lived in the property for 2 of the last five years and file a joint return, they will be eligible for a total of $500K capital gains exclusion. Each of them can only claim the exclusion one time only, in a 2 year period.

For the house owned by the wife only - If she lived in it as her primary residence for at least 2 of the last five years she owned it, counting backwards from the closing date of the sale, then she will qualify for a $250K capital gains exclusion, *PROVIDED* she has not claimed that exclusion in the previous 2 tax years prior to the sale.

For the house owned by the husband only - If he lived in it as his primary residence for at least 2 of the last five years he owned it, counting backwards from the closing date of the sale, then he will qualify for a $250K capital gains exclusion, *PROVIDED* he has not claimed that exclusion in the previous 2 tax years prior to the sale.

 

Understand that the house does NOT have to be the primary residence "at the time" of the sale. But it *must* have been the primary residence for "at least" 2 years, of the last 5 years they owned the house, prior to the sale.

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